Download code of conduct - Judicial Appointments Board for Scotland

CODE OF CONDUCT FOR SECRETARIAT STAFF
This Code of Conduct should be read in conjunction with the Civil Service Code
(Scottish Government version, 11 November 2010 reproduced in Annex A).
Duties and Responsibilities
1.
The staff of the Judicial Appointments Board for Scotland (hereafter referred
to as “the Board”) should familiarise themselves with the contents of the
Code and should act in accordance with the principles set out in it.
2.
The staff of the Board have a duty:


to discharge public functions reasonably and according to the law; and
to recognise ethical standards governing particular professions.
The senior full-time official, who is usually designated as accounting officer,
has overall responsibility for propriety in a broad sense, including conduct
and discipline.
Accountability
3.
The Board staff should be aware:

of their accountability to the Board which they serve, noting the Board is
independent of the Scottish Government;

of the respective roles of the sponsor directorate and the Board as
set out in the Framework Document;

that the Minister responsible for the body is ultimately accountable to
Parliament for its independence, effectiveness and efficiency.
A separate Code of Conduct applies to the Board members.
4.
The staff should conduct themselves with honesty, integrity, objectivity, and
impartiality. They should not deceive or knowingly mislead the Board, the
sponsor directorate, Ministers, Parliament or the public.
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Conflicts of Interest
5.
The staff should abide by the rules adopted by the public body in relation to
private interest and possible conflict with public duty; the disclosure of
official information; and political activities. They should not misuse their
official position or information acquired in their official duties to further their
private interests or those of others. Key members of staff, such as the Chief
Executive, Secretary to the Board, managers of large contracts, and staff
working on such contracts, should ensure that any possible conflict of interest
are identified at an early stage and that appropriate action is taken to resolve
them.
Integrity
6.
The staff should not use their official position to receive, agree to accept or
attempt to obtain any payment or other consideration for doing, or not doing,
anything or showing favour, or disfavour, to any person. They should not
receive benefits of any kind from a third party which might reasonably be seen
to compromise their personal judgement and integrity. Under the Bribery Act
2010, employees of public bodies may be required to prove that the receipt of
payment or other consideration from someone seeking to obtain a contract is not
corrupt.
Relations with the Public
7.
The staff who deal with the affairs of the public should do so sympathetically,
efficiently, promptly and without bias or maladministration. The staff should
offer the public the highest standards of conduct and service.
Use of Resources
8.
The staff should endeavour to ensure the proper, economical, effective and
efficient use of resources.
Confidentiality
9.
The Board staff owe a general duty of confidentiality to the Board under civil
law. They are therefore required to protect official information held in
confidence. The Official Secrets Act 1989 applies to any member of the
public who has, or has had, official information in their possession. The Act
makes unlawful disclosure of certain limited categories of information (for
example security and intelligence, defence, international relations, and
information which may lead to the commission of crime) a criminal offence.
The Act applies explicitly to those staff of Non-Departmental Public Bodies
(NDPBs) who are Crown servants, and to the staff of a small number of
NDPBs listed in the Act.
Data Protection
10.
The staff should be aware of their obligations under the Data Protection
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Act 1998 and Freedom of Information (Scotland) Act (2002). Guidance on this
legislation can be obtained from the Scottish Information Commissioner
(www.itspublicknowledge.info).
Staff concerns about Improper Conduct
11.
If a member of the staff believes he or she is being required to act in a way which:




is illegal, improper, or unethical;
is in breach of a professional code;
may involve possible maladministration, fraud or misuse of public funds; or
is otherwise inconsistent with this Code;
he or she should either raise the matter through their line management or else
approach in confidence a nominated official or the Board member entrusted
with the duty of investigating staff concerns about illegal, improper or
unethical behaviour. Staff should also draw attention to cases where:



they believe there is evidence of irregular or improper behaviour
elsewhere in the organisation, but where they have not been personally
involved;
there is evidence of criminal or unlawful activity by others;
they are required to act in a way which, for them, raises a fundamental
issue of conscience.
12.
Where a member of staff has reported a matter covered in paragraph 11 above
and believes that the response does not represent a reasonable response to
the grounds of his or her concern, he or she may report the matter in writing to
a nominated official in the sponsor directorate who will investigate the matter
further.
13.
Staff should be aware of the provisions of the Public Interest Disclosure
Act 1998, which protects individuals who make certain disclosures of
information in the public interest.
After leaving employment
14.
The staff should continue to observe their duty of confidentiality (see
paragraph 9 above) after they have left the employment of the public body
and should be aware of and abide by any rules on the acceptance of business
appointments after resignation or retirement. Chapter 4.2 of the Civil
Service Management Code deals with this issue and should be consulted in
line with parallel arrangements in the Civil Service.
Adopted by the Board: 8th June 2009
First review:
14th November 2011
Second review:
12th November 2012
Third review:
17th November 2014
Fourth review
20th September 2016
Next review
September 2018
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ANNEX A
CIVIL SERVICE CODE
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CIVIL SERVICE CODE
Presented to Parliament pursuant to section 5 (5) of the Constitutional Reform and
Governance Act 2010
Presented to the Scottish Parliament pursuant to section 5 (6) of the Constitutional
Reform and Governance Act 2010
Scottish Government Laying Number: SG/2010/247
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Civil Service values
1. The statutory basis for the management of the Civil Service is set out in Part 1 of
the Constitutional Reform and Governance Act 2010.
2. The Civil Service is an integral and key part of the government of the United
Kingdom1. It supports the UK Government and Devolved Administrations of the day in
developing and implementing their policies, and in delivering public services. As a civil
servant, you are accountable to Scottish Ministers, who in turn are accountable to the
Scottish Parliament2.
3. As a civil servant, you are appointed on merit on the basis of fair and open
competition and are expected to carry out your role with dedication and a commitment
to the Civil Service and its core values: integrity, honesty, objectivity and impartiality.
In this Code:

‘integrity’ is putting the obligations of public service above your own personal
interests;

‘honesty’ is being truthful and open;

‘objectivity’ is basing your advice and decisions on rigorous analysis of the
evidence; and

‘impartiality’ is acting solely according to the merits of the case and serving
equally well Governments of different political persuasions.
4. These core values support good government and ensure the achievement of the
highest possible standards in all that the Civil Service does. This in turn helps the Civil
Service to gain and retain the respect of Ministers, Parliament, the public and its
customers.
5. This Code3 sets out the standards of behaviour expected of you and other civil
servants. These are based on the core values which are set out in legislation. The
Scottish Executive’s Aim, Vision and Values and individual Agencies’ own separate
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This Code applies to all civil servants working for the Scottish Executive and its Agencies. Other civil
servants have their own separate versions of the Code. Similar Codes apply to the Northern Ireland Civil
Service and the Diplomatic Service.
2
Civil servants advising Ministers should be aware of the constitutional significance of the Scottish
Parliament and of the conventions governing the relationship between the Scottish Parliament and the Scottish
Executive.
3
The respective responsibilities placed on Scottish Ministers and special advisers in relation to the Civil
Service are set out in their Codes of Conduct: www.scotland.gov.uk/Publications/2003/08/17996/25268
and www.cabinetoffice.gov.uk/propriety_and_ethics. Special advisers are also covered by this Civil Service
Code except, in recognition of their specific role, the requirements for objectivity and impartiality (paras 10-15
below).
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mission and values statements are based on the core values, and include the standards of
behaviour expected of you when you deal with your colleagues.
Standards of behaviour
Integrity
6. You must:

fulfil your duties and obligations responsibly;

always act in a way that is professional4 and that deserves and retains the
confidence of all those with whom you have dealings5;

carry out your fiduciary obligations responsibly (that is make sure public money
and resources are used properly and efficiently);

deal with the public and their affairs fairly, efficiently, promptly, effectively and
sensitively, to the best of your ability;

keep accurate official records and handle information as openly as possible
within the legal framework; and

comply with the law and uphold the administration of justice.
7. You must not:

misuse your official position, for example by using information acquired in the
course of your official duties to further your private interests or those of others;

accept gifts or hospitality or receive other benefits from anyone which might
reasonably be seen to compromise your personal judgement or integrity; or

disclose official information without authority. This duty continues to apply after
you leave the Civil Service.
Honesty
8. You must:

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set out the facts and relevant issues truthfully, and correct any errors as soon as
possible; and
Including taking account of ethical standards governing particular professions.
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Including a particular recognition of the importance of cooperation and mutual respect between civil servants
working for the Scottish Executive and the UK Governments and other devolved administrations, and viceversa.
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
use resources only for the authorised public purposes for which they are
provided.
9. You must not:

deceive or knowingly mislead Ministers, Parliament or others; or

be influenced by improper pressures from others or the prospect of personal
gain.
Objectivity
10. You must:

provide information and advice, including advice to Ministers, on the basis of
the evidence, and accurately present the options and facts;

take decisions on the merits of the case; and

take due account of expert and professional advice.
11. You must not:

ignore inconvenient facts or relevant considerations when providing advice or
making decisions; or

frustrate the implementation of policies once decisions are taken by declining to
take, or abstaining from, action which flows from those decisions.
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Impartiality
12. You must:

carry out your responsibilities in a way that is fair, just and equitable and reflects
the Civil Service commitment to equality and diversity.
13. You must not:

act in a way that unjustifiably favours or discriminates against particular
individuals or interests.
Political impartiality
14. You must:

serve the Government, whatever its political composition, to the best of your
ability in a way which maintains political impartiality and is in line with the
requirements of this Code, no matter what your own political beliefs are;

act in a way which deserves and retains the confidence of Ministers, while at the
same time ensuring that you will be able to establish the same relationship with
those whom you may be required to serve in some future Government; and

comply with any restrictions that have been laid down on your political
activities.
15. You must not:

act in a way that is determined by party political considerations, or use official
resources for party political purposes; or

allow your personal political views to determine any advice you give or your
actions.
Rights and responsibilities
16. The Scottish Executive and its Agencies have a duty to make you aware of this Code
and its values. If you believe that you are being required to act in a way which conflicts
with this Code, the Scottish Executive, or the Agency in which you work, must consider
your concern, and make sure that you are not penalised for raising it.
17. If you have a concern, you should start by talking to your line manager or someone
else in your line management chain. If for any reason you would find this difficult, you
should raise the matter with a nominated officer who has been appointed to advise staff
on the Code.
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18. If you become aware of actions by others which you believe conflict with this Code
you should report this to your line manager or someone else in your line management
chain; alternatively you may wish to seek advice from your nominated officer. You
should report evidence of criminal or unlawful activity to the police or other appropriate
regulatory authorities. This Code does not cover HR management issues.
19. If you have raised a matter covered in paragraphs 16 to 18, in accordance with the
relevant procedures6, and do not receive what you consider to be a reasonable response,
you may report the matter to the Civil Service Commission7. The Commission will also
consider taking a complaint direct. Its address is:
3rd Floor, 35 Great Smith Street, London SW1P 3BQ.
Tel: 020 7276 2613
email: [email protected]
If the matter cannot be resolved using the procedures set out above, and you feel you
cannot carry out the instructions you have been given, you will have to resign from the
Civil Service.
20. This Code is part of the contractual relationship between you and your employer. It
sets out the high standards of behaviour expected of you which follow from your
position in public and national life as a civil servant. You can take pride in living up to
these values.
November 2010
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The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some
circumstances. The Directory of Civil Service Guidance and the Civil Service Management Code give more
information: www.cabinetoffice.gov.uk/conduct-ethics/civil-service.aspx.
The Civil Service Commission’s Guide to Bringing a Complaint gives more information, available on the
Commission’s website: www.civilservicecommission.org.uk.
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